Mediation & Family Dispute Resolution
What is Family Dispute Resolution
Family Dispute Resolution (FDR) is a compulsory process to attempt to resolve parenting matters prior to filing in Court. It is not compulsory for property matters but it can be a very effective tool for resolution for property matters.
In certain urgent circumstances, you may be able to file in Court directly for parenting and property matters without a valid section 60i certificate. You should seek legal advice from a Solicitor if you are unsure if your particular matter relates to an urgent circumstance.
If FDR for parenting is not fruitful and / or does not yield an outcome that the parties can be satisfied with, the Family Dispute Resolution Practitioner (FDRP) will issue what is known as a section 60i certificate. This certificate must be attached to an application should you wish to proceed to Court.
An FDRP can issue a certificate on the following basis:
a. That both parties attended and made a genuine effort to resolve the dispute;
b. That both parties attended however one party did not make a genuine attempt to resolve the dispute;
c. That mediation did not occur due to one parties inability or refusal to attend;
d. That mediation did not occur due to the mediator deeming mediation to be inappropriate.
The Benefits of Family Dispute Resolution
If you are involved in a legal dispute, it is only natural to want to have your day in court. However, in family law proceedings, the court encourages and, in most cases, requires you and the other party to make a genuine effort to resolve your dispute before knocking on the court’s door for help.
The purpose of Family Dispute Resolution (‘FDR’) is to facilitate a conversation between you and the other party, identify the issues in dispute and assist you to have a productive conversation about how you can move forward with your lives after separation.
It is a process of self-determination, where you and the other party have the power to make decisions to determine what outcome is going to best fit your family and your individual circumstances, rather than leaving this for a judge to decide.
Family Dispute Resolution is strictly confidential, and any matters discussed at mediation cannot be raised if the matter proceeds to Court. The confidential nature of this process provides you and the other party with a unique opportunity to speak freely and openly about what you’re seeking. You are encouraged to negotiate, formulate proposals and work together to resolve your dispute respectfully and amicably, which for parents of young children, is essential should you wish to preserve your relationship as separated parents into the future.
If, at the conclusion of Family Dispute Resolution, you and the other party have reached an agreement, this agreement can be formalised into consent orders with the assistance of your legal representatives. Alternatively, if there are still issues that require agitation and ventilation in Court, you may request a s60I Certificate, which is provided to the Court to confirm that you (and/or the other party) have made a genuine effort to resolve your dispute before commencing proceedings.
What is a Family Dispute Resolution Practitioner?
A Family Dispute Resolution Practitioner (FDRP) is a Practitioner who is able to facilitate and mediate between parties. An FDRP will be listed on the Attorney-General’s homepage as a person who has been vetted and is authorised to issue a section 60i certificate.
An FDRP is a neutral third party who is not known to either party and who will not be biased towards a party.
What is the different between an FDRP and mediator?
FDRP is also referred to as ‘mediation’ however the practical reality is that only an FDRP is authorised to issue a section 60i certificate. Whilst some mediators are NMAS accredited, they are not an FRDP and cannot issue a section 60i certificate, although they may be able to conduct property matters. You should check to ensure that the FDRP you select is authorised to mediate parenting matters and can issue a section 60i certificate.
Why choose Transitional Legal?
Transitional Legal traditionally deals in high conflict disputes and regularly advocates for clients who face adverse and challenging difficulties in the resolution of their family law matter. We have extraordinary experience in understanding the complexities of individual situations and the plight of parties from everything to who simply wish to work out an agreement to spend time with children, to reaching a fair agreement in property settlement.
The practical reality of utilising Transitional Legal to assist in the resolution of your parenting and or property matters is that you will be getting an FDRP who is well aware of what each parties rights, roles, obligations and projected entitlements should be and who is able to assist both parties in understanding the various pathways available to them.
Methods of FDR
We can provide, in appropriate and depending on individual circumstances:
a. Conference (face to face) mediation, in a round-table party discussion.
b. Shuttle mediation, in separate rooms
c. Telephone and video-link mediation either by shuttle or conference delivery format.
Scope of FDR
Our FDR services are delivered by industry-leading knowledgeable practitioners in the field of family law and the scope of our FDR services include
a. Family Law and Property Settlement
b. Property Law
c. Wills and Estates
d. Child Support
Delivery of FDR
We can deliver FDR via several ways, depending on needs and circumstances:
a. Legal-assisted mediation, with your lawyer, should you wish to engage legal representation.
b. Child-inclusive mediation, with a suitably qualified child consultant.
How much do we charge?
We charge a flat fee of $1500 for full-day mediation and $800 for half-day mediation, excluding GST. This does not include third party expenses, such as a child consultant.
Short Term Payment Plans are available for urgent mediation.
Our intake is $350 ex. GST. We do not charge a fee for the issue of a section 60i certificate.
We may charge for Room Hire, such as the Queensland Law Society’s Mediation rooms.
The Process
Should you wish to undertake Mediation with Transitional Legal, the process is as follows:
a. We will take your details.
b. We will contact the Other Party and invite them to mediation.
c. If the Other Party do not agree, or return contact, we may issue you with a section 60i certificate.
d. If the Other Party agrees, we will conduct an intake with you to determine suitability of Mediation.
e. We will then conduct an Intake Session with the Other Party to isolate, identify and narrow the issues for Mediation; and determine suitability of Mediation.
f. We will then set a full or half day date for Mediation, depending on your circumstances.
g. On the day of mediation, and prior to the mediation commencing, we will advise both Parties of their rights, the process, and the importance of confidentiality.
h. Sometimes, Parties will agree on some things, but not on others. What you agree on can be ratified in a number of ways:
a. An informal Parenting Plan or signed or unsigned Agreement (or Heads of Agreement)
b. Consent Orders, which carry the same weight as Court Orders (the agreement requires both parties to seek legal advice prior to signing).
